Rule 4-203.1 Uniform Service Rule
Rule Text
(a) Lawyers shall inform the Membership Department of the State Bar of Georgia, in writing, of their Official Address, which shall include the lawyer’s current name, mailing address, email address, and telephone number. The Supreme Court of Georgia and the State Bar of Georgia may rely on the Official Address on file with the Membership Department in all efforts to contact, communicate with, and perfect service upon a lawyer. The failure of a lawyer to maintain any component of an Official Address pursuant to the provisions of this Rule shall not form a separate basis for discipline against the lawyer. The choice of a lawyer to provide only a post office box or commercial equivalent address to the Membership Department of the State Bar of Georgia shall constitute an election to waive personal service. Notification of a change of address given to any department of the State Bar of Georgia other than the Membership Department shall not satisfy the requirement herein. Should a member fail to include an email address in their Official Address on file with the Membership Department of the State Bar of Georgia, neither the Supreme Court of Georgia nor the State Bar of Georgia need comply with any requirement pertaining to emailing set forth herein, and any provision requiring emailing shall be deemed satisfied as soon as any requirements other than the requirements for emailing have been completed.
(b) In all matters requiring personal service under Part IV of the Bar Rules, service may be perfected in the following manner:
(1) Acknowledgment of Service: An acknowledgment of service from the respondent shall constitute conclusive proof of service and shall eliminate the need to utilize any other form of service.
(2) Written Response from Respondent: A written response from the respondent or respondent’s counsel shall constitute conclusive proof of service and shall eliminate the need to utilize any other form of service.
(3) In the absence of an acknowledgment of service or a written response from the respondent or respondent’s counsel, and subject to the provisions of subparagraph (b) (4) below, the respondent shall be served in the following manner:
(i) Personal Service: Service may be accomplished by any person authorized by the Chair of the State Disciplinary Board or the Chair’s designee.
(ii) Service by Publication: If the State Bar of Georgia is unable to personally serve the respondent at the respondent’s address, as shown on the records of the Membership Department of the State Bar of Georgia, service may be accomplished by publication once a week for two weeks in the legal organ of the county of respondent’s address, as shown on the records of the Membership Department of the State Bar of Georgia. Contemporaneously with the publication, the State Bar of Georgia shall mail a copy of the service documents by first class mail to respondent’s address as shown on the records of the Membership Department of the State Bar of Georgia and shall email a copy of the service documents to respondent’s email address as shown in the records of the Membership Department of the State Bar of Georgia.
(4) When it appears from an affidavit made by the Office of the General Counsel that the respondent has departed from the State, or cannot after due diligence be found within the State, or seeks to avoid service, the Chair of the State Disciplinary Board, or the Chair’s designee, may authorize service by publication without the necessity of first attempting personal service. The affidavit made by the Office of the General Counsel must demonstrate recent unsuccessful attempts at personal service upon the respondent regarding other or related disciplinary matters and that such personal service was attempted at respondent’s address as shown on the records of the Membership Department of the State Bar of Georgia.
(5) When a respondent’s address is not in the United States, as shown in the records of the Membership Department of the State Bar of Georgia, the State Bar of Georgia may serve the respondent by mailing and emailing copies of the service documents to respondent’s address and email address on file with the Membership Department of the State Bar of Georgia. Service is complete upon mailing and emailing the documents.
(c) Whenever service of pleadings or other documents subsequent to the original complaint is required or permitted to be made upon a respondent represented by a lawyer, the service shall be made upon the respondent’s lawyer. Service upon the respondent’s lawyer or upon an unrepresented respondent shall be made by hand-delivery or by delivering a copy or mailing a copy to the respondent’s lawyer or to the respondent’s official address on file with the Membership Department, unless the respondent’s lawyer specifies a different address for the lawyer in a filed pleading. As used in this Rule, the term “delivering a copy” means handing it to the respondent’s lawyer or to the respondent, or leaving it at the lawyer’s or respondent’s office with a person of suitable age or, if the office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with some person of suitable age and discretion. Service by mail is complete upon mailing and includes transmission by U.S. Mail, or by a third-party commercial carrier for delivery within three business days, shown by the official postmark or by the commercial carrier’s transmittal form. Proof of service may be made by certificate of a lawyer or of his employee, written admission, affidavit, or other satisfactory proof. Failure to make proof of service shall not affect the validity of service.